Home/New York Supreme Court/First Sterling Corp. v. Zurkowski

First Sterling Corp. v. Zurkowski

142 Misc. 2d 978, 542 N.Y.S.2d 899, 1989 N.Y. Misc. LEXIS 474
CourtNew York Supreme Court
DecidedMarch 28, 1989
StatusPublished
Cited by11 cases

This text of 142 Misc. 2d 978 (First Sterling Corp. v. Zurkowski) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
First Sterling Corp. v. Zurkowski, 142 Misc. 2d 978, 542 N.Y.S.2d 899, 1989 N.Y. Misc. LEXIS 474 (N.Y. Super. Ct. 1989).

Opinion

OPINION OF THE COURT

Per Curiam.

Order entered November 11, 1987 affirmed, with $10 costs.

This is a holdover proceeding to evict a rent-controlled tenant upon the ground of nonprimary residence. Landlord’s 30-day notice of termination recited that termination of the tenancy "results from the fact that you do not use the prem[979]*979ises as your primary residence”. Civil Court granted tenant’s dismissal motion upon the ground that the termination notice did not set forth facts supporting the nonprimary residence claim.

We affirm. Section 2204.3 of the New York City Rent and Eviction Regulations (9 NYCRR), applicable generally to actions which seek eviction of controlled tenants by court process, should be deemed applicable in nonprimary residence proceedings brought in "a court of competent jurisdiction” (New York City Rent and Rehabilitation Law, Administrative Code of City of New York § 26-403 [e] [2] [i] [10]). In consequence, landlord was required to state in its termination notice the ground for removal or eviction of the tenant, as well as "the facts necessary to establish the existence of such ground” (9 NYCRR 2204.3 [b]).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

South Park Associates, L.L.C. v. Renzulli
94 F. Supp. 2d 460 (S.D. New York, 2000)
Quisqueya Housing Corp. v. Various Tenants
181 Misc. 2d 1008 (Civil Court of the City of New York, 1999)
Bellstell 140 East 56th Street, L. L. C. v. Layton
180 Misc. 2d 25 (Civil Court of the City of New York, 1999)
Hughes v. Lenox Hill Hospital
226 A.D.2d 4 (Appellate Division of the Supreme Court of New York, 1996)
Katz Park Avenue Corp. v. Olden
158 Misc. 2d 541 (Civil Court of the City of New York, 1993)
Berkeley Associates Co. v. Camlakides
173 A.D.2d 193 (Appellate Division of the Supreme Court of New York, 1991)
London Terrace Gardens v. Sacks
149 Misc. 2d 292 (Civil Court of the City of New York, 1990)
Dominguez v. Corniell
148 Misc. 2d 297 (Appellate Terms of the Supreme Court of New York, 1990)
Kaycee West 113th Street Corp. v. Diakoff
160 A.D.2d 573 (Appellate Division of the Supreme Court of New York, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
142 Misc. 2d 978, 542 N.Y.S.2d 899, 1989 N.Y. Misc. LEXIS 474, Counsel Stack Legal Research, https://law.counselstack.com/opinion/first-sterling-corp-v-zurkowski-nysupct-1989.